John D. - Trial Victories - Gary Wenkle Smith, Attorney at Law

John D. was charged with transporting a controlled substance and possession of a controlled substance for sale. John had several prior prison terms for similar offenses, which would add many years to his sentence if convicted. The drugs he was accused of possessing and transporting were found in his car when he and another man were parked off the road in Morongo Basin.

I thought the search of his vehicle was illegal, and filed a motion to suppress evidence. The officer had claimed that the reason he approached John's vehicle was because he was parked off the road out "in the middle of nowhere", and the officer thought perhaps he was stranded. With that assumption, he asked John to get out of his car, thinking that he might be under the influence of something. He searched the car, found a quantity of what turned out to be methamphetamine, and some syringes, and hence the charges.

John was one of those people who was always willing to "take it all the way." And we did. He rejected an offer of five years in prison.

At trial, we established three very important things. First, there was a gas station/convenience store less than 800 feet from where John was parked. Thus, if he were stranded, he could easily have walked to the store for help. Moreover, John was on his cell phone when the officer arrived, making it clear that he could solicit help if necessary. Second, that John had a passenger in his car, who testified at trial that John was ordered out of the car, and refused to give permission to search. Although the motion to suppress evidence was already litigated, and denied, the testimony of his friend was offered to impeach the testimony of the officer, which was allowed.

Then, we called his friend's wife. She testified that she had been in John's car just before John and her husband came out to the car, which was in the parking lot at the Morongo Casino. She testified that she was in that car with John's daughter, and they shared some methamphetamine in the car, and when the daughter saw John coming, she hid the bag of dope between the seats--exactly where it was found less than an hour later. The woman admitted her drug use, and that she was on probation at the time, and while testifying, and that she really was embarrassed about having about to discuss such a personal matter as her drug addiction. She was ashamed, and humiliated about having to make such admissions. I did not know her prior to the case, but she seemed very credible. She looked bad, and admitted that she was strung out on speed as she testified.

Her testimony, combined with the lies of the officer, resulted in a very quick "not guilty on all counts" for John. He was congratulated by the jurors after the trial.

Gary Wenkle Smith Attorney at Law
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John D.
John D. was charged with transporting a controlled substance and possession of a controlled substance for sale. John had several prior prison terms for similar offenses, which would add many years to his sentence if convicted. The drugs he was accused of possessing and transporting were found in his car when he and another man were parked off the road in Morongo Basin. I thought the search of his vehicle was illegal, and filed a motion to suppress evidence. The officer had claimed that the reason he approached John's vehicle was because he was parked off the road out "in the middle of nowhere", and the officer thought perhaps he was stranded. With that assumption, he asked John to get out of his car, thinking that he might be under the influence of something. He searched the car, found a quantity of what turned out to be methamphetamine, and some syringes, and hence the charges. John was one of those people who was always willing to "take it all the way." And we did. He rejected an offer of five years in prison. At trial, we established three very important things. First, there was a gas station/convenience store less than 800 feet from where John was parked. Thus, if he were stranded, he could easily have walked to the store for help. Moreover, John was on his cell phone when the officer arrived, making it clear that he could solicit help if necessary. Second, that John had a passenger in his car, who testified at trial that John was ordered out of the car, and refused to give permission to search. Although the motion to suppress evidence was already litigated, and denied, the testimony of his friend was offered to impeach the testimony of the officer, which was allowed. Then, we called his friend's wife. She testified that she had been in John's car just before John and her husband came out to the car, which was in the parking lot at the Morongo Casino. She testified that she was in that car with John's daughter, and they shared some methamphetamine in the car, and when the daughter saw John coming, she hid the bag of dope between the seats--exactly where it was found less than an hour later. The woman admitted her drug use, and that she was on probation at the time, and while testifying, and that she really was embarrassed about having about to discuss such a personal matter as her drug addiction. She was ashamed, and humiliated about having to make such admissions. I did not know her prior to the case, but she seemed very credible. She looked bad, and admitted that she was strung out on speed as she testified. Her testimony, combined with the lies of the officer, resulted in a very quick "not guilty on all counts" for John. He was congratulated by the jurors after the trial.